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Posted

I think our situation is a little bit odd; maybe some of you have suggestions for us!

My wife and I married in the USA in 2011; she came in on a fiancee visa at that time. We decided that we didn't want to stay in the states at that time but she already got her green card and social security card. We moved to Thailand.

Fast forward a few years and now we want to go back to Ohio. Do I understand correctly that we should use the CR-1 at this point? I am curious if it gives us any advantages that she had a green card before, or that she still has a social security card/number. Any insight?

Our plan is to fly to Ohio in about two weeks (she has a ten-year tourist visa), and then before 6 months is up, she will fly to the Philippines and we can work on the CR-1. Are we going about this the right way? Apparently she can't just come in on the tourist visa and adjust status if I understand correctly.

Our other option is for me to go to Ohio and establish residency there and get a job, house, car, etc while she goes immediately home to the Philippines and waits for the CR-1. Is there any advantage to this route? I would prefer to have her with me while we get the house in Ohio settled and buy a car, etc.

Do I understand correctly that either way it will take up to a year while the CR-1 is in process?

Posted

Three questions...

1. How long were you living out of the US?

2. Did she surrender her green card or is it expired?

3. Did she have a 2 year or 10 year green card when you two left?

If it was a 10 year GC there is a slight chance that it may still be valid.

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

Filed: IR-1/CR-1 Visa Country: Ukraine
Timeline
Posted

Was the tourist visa issued before the K-1......if so it may have been voided

CR-1 Visa

USCIS

7/27/15 Sent I-130 package to Chicago Lock box

7/29/15 NOA1, TSC

10/7/15 Entered USA for three weeks to close escrow and pack house

12/5/15 Entered USA for 90 days to visit

12/7/15 I-130 approved,NOA2

NVC

12/23/15 NVC received package

1/5/2016 Called NVC

1/7/2016 Called NVC, assigned case # and IIN #

1/7/2016 Assigned choice of agent

1/7/2016 Paid AOS fees

1/21/2016 Paid packet IV fees

2/20/2016 Filed DS-260

3/30/2016 Sent NVC package

4/5/2016 NVC received package

5/5/2016 Email from NVC...case complete with interview date 6/17

6/10/2016 Medical

6/17/2016 Interview - Approved :)

Posted

Three questions...

1. How long were you living out of the US?

2. Did she surrender her green card or is it expired?

3. Did she have a 2 year or 10 year green card when you two left?

If it was a 10 year GC there is a slight chance that it may still be valid.

About five years we've been in Thailand. She didn't surrender her green card; it just expired. Pretty sure she had a two-year green card.

Posted

OK. So yeah you will need to file a spousal visa. Since you two are married more than 2 years it will be in the IR category and she will recieve a 10 GC.

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

Posted

OK. So yeah you will need to file a spousal visa. Since you two are married more than 2 years it will be in the IR category and she will recieve a 10 GC.

Wow- 10 year green card?? That's fabulous. Thanks for that info!!!!

Was the tourist visa issued before the K-1......if so it may have been voided

She got the tourist visa after her green card was expired.

Posted

I think our situation is a little bit odd; maybe some of you have suggestions for us!

My wife and I married in the USA in 2011; she came in on a fiancee visa at that time. We decided that we didn't want to stay in the states at that time but she already got her green card and social security card. We moved to Thailand.

Fast forward a few years and now we want to go back to Ohio. Do I understand correctly that we should use the CR-1 at this point? I am curious if it gives us any advantages that she had a green card before, or that she still has a social security card/number. Any insight?

Our plan is to fly to Ohio in about two weeks (she has a ten-year tourist visa), and then before 6 months is up, she will fly to the Philippines and we can work on the CR-1. Are we going about this the right way? Apparently she can't just come in on the tourist visa and adjust status if I understand correctly.

Our other option is for me to go to Ohio and establish residency there and get a job, house, car, etc while she goes immediately home to the Philippines and waits for the CR-1. Is there any advantage to this route? I would prefer to have her with me while we get the house in Ohio settled and buy a car, etc.

Do I understand correctly that either way it will take up to a year while the CR-1 is in process?

What is your status in Thailand? I know your wife is Thai but are you there as a tourist or do you have some form of long-term settlement visa? Depending on your status, you may be able to file directly through the Bangkok embassy, which is much quicker than the usual process of mailing the petition to Chicago, etc,

Do a search on this site for the term 'DCF' (direct consular filing) which is an option in certain countries (including Thailand) where the US citizen spouse is living in that country.

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

Posted

What is your status in Thailand? I know your wife is Thai but are you there as a tourist or do you have some form of long-term settlement visa? Depending on your status, you may be able to file directly through the Bangkok embassy, which is much quicker than the usual process of mailing the petition to Chicago, etc,

Do a search on this site for the term 'DCF' (direct consular filing) which is an option in certain countries (including Thailand) where the US citizen spouse is living in that country.

I own a business here so I have legal status in Thailand and she has a dependent visa here. She is actually from the Philippines. No DCF in that case, correct?

Posted

I own a business here so I have legal status in Thailand and she has a dependent visa here. She is actually from the Philippines. No DCF in that case, correct?

On the contrary. DCF is available to you. It is based on the USC's status in Thailand (when dealing with the BKK embassy).

I will move your question to the DCF section and you can gather more advise there from folks who have done this procedure.

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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